093_SB1473

 
                                     LRB093 08563 DRJ 08789 b

 1        AN ACT in relation to health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Community-based Alternatives to Institutionalization Act.

 6        Section  5.  Purpose.  It  is  the purpose of this Act to
 7    prevent  or   avoid   unnecessary   institutionalization   of
 8    individuals  with  mental  or  substance  use disorders, or a
 9    co-occurring disorder of mental illness and substance  abuse.
10    Implementation   of  this  Act  will  provide  cost-effective
11    community  residential  settings  and  supports   to   enable
12    individuals  with  a  mental  or substance use disorder, or a
13    co-occurring disorder of mental illness and substance  abuse,
14    to live successfully in the community.

15        Section 10.  Definitions. In this Act:
16        "Department" means the Department of Human Services.
17        "Individual   with   a   disability"  means  any  of  the
18    following:
19             (1)  An adult individual who has  an  impairment  of
20        drug  addiction  or  alcoholism,  or  both,  or  a mental
21        impairment that substantially limits one or more  of  the
22        individual's major life activities.
23             (2)  An  adult  individual  who  has  a record of an
24        impairment of drug addiction or alcoholism, or both, or a
25        mental impairment that substantially limits one  or  more
26        of the individual's major life activities.
27             (3)  An  adult  individual who is regarded as having
28        an impairment of drug addiction or alcoholism,  or  both,
29        or a mental impairment.
30        "Mental  impairment"  means  a  mental  or  psychological
 
                            -2-      LRB093 08563 DRJ 08789 b
 1    disorder or emotional or mental illness.
 2        "Program" means the Consumer Alternatives Program.
 3        "Stakeholder"  means  an advocacy organization or service
 4    provider whose mission includes advocacy for or provision  of
 5    quality  services  to individuals with a disability of mental
 6    illness, substance  abuse,  or  a  co-occurring  disorder  of
 7    mental illness and substance abuse.
 8        "Substance  abuse"  means  the  excessive use of alcohol,
 9    addiction to a controlled substance, or the habitual  use  of
10    cannabis.

11        Section    15.  Consumer    Alternatives   Program.   The
12    Department of Human Services  shall  implement  the  Consumer
13    Alternatives Program as described in this Act. The Department
14    of Public Aid, the Department of Public Health, the Bureau of
15    the  Budget,  and  other  State agencies as appropriate shall
16    cooperate fully with the  Department  of  Human  Services  in
17    fulfilling the requirements of the Program.

18        Section  20.  Community  services. In order to prevent or
19    avoid institutionalization of individuals with  a  disability
20    due  to  mental  or substance use disorder, or a co-occurring
21    disorder  of  mental  illness  and   substance   abuse,   the
22    Department shall implement, coordinate, monitor, and evaluate
23    community  services  for  individuals  with  disabilities  in
24    Illinois  in  cooperation  with  all governmental and private
25    resources, organizations, and  stakeholders.  Services  shall
26    address  the needs of adult individuals with disabilities, in
27    the following disability areas:
28             (1)  Mental illness.
29             (2)  Alcoholism or substance abuse, or both.
30             (3)  Mental illness and substance abuse.

31        Section 25.  Program implementation.
 
                            -3-      LRB093 08563 DRJ 08789 b
 1        (a)  The  Department  shall  implement  the  Program  for
 2    individuals with  a  mental  or  substance  use  disorder  or
 3    co-occurring  disorder of mental illness and substance abuse.
 4    The Program shall consist of a program for individuals with a
 5    mental or substance use disorder or co-occurring disorder  of
 6    mental  illness  and  substance  abuse, designed to provide a
 7    system of services and supports for those individuals to live
 8    in the most integrated community-based integrated setting.
 9        (b)  The Department shall  begin  implementation  of  the
10    program  during  fiscal year 2004. The Department shall adopt
11    rules for the selection of the initial program participants.
12        (c)  Subject to appropriations, the Department  shall  do
13    the following:
14             (1)  Establish  a  comprehensive plan to develop and
15        maintain a statewide system of  community-based  services
16        that  reflect the choices and needs of individuals with a
17        mental  or  substance  use  disorder  or  a  co-occurring
18        disorder of mental illness and substance abuse and  their
19        families,     to    prevent    or    avoid    unnecessary
20        institutionalization.
21             (2)  Carry out all functions and duties required  by
22        law  through collaboration with individuals with a mental
23        or substance use disorder or a co-occurring  disorder  of
24        mental  illness  and  substance abuse, their families and
25        guardians,   community   organizations,   and   providers
26        throughout the State.
27             (3)  Facilitate or provide technical  assistance  to
28        community  service providers in planning, developing, and
29        implementing services and supports for individuals with a
30        mental  or  substance  use  disorder  or  a  co-occurring
31        disorder of mental illness and substance abuse and  their
32        families.
33             (4)  Establish   initiatives   including,   but  not
34        limited  to,  the  Consumer   Alternatives   Program   as
 
                            -4-      LRB093 08563 DRJ 08789 b
 1        described   in   this   Act,   to   prevent  and  correct
 2        inappropriate   institutionalization   to   ensure   that
 3        individuals needing alternative services  are  served  in
 4        the most integrated setting.

 5        Section    30.  Program    components.    The    Consumer
 6    Alternatives Program must include the following components:
 7             (1)  Policies to avoid inappropriate placement of an
 8        individual  in  an  institution,  including general acute
 9        care  hospitals,  hospitals  with  distinct   parts   for
10        psychiatric   care,   free  standing  public  or  private
11        psychiatric hospitals, residential treatment  facilities,
12        and nursing facilities.
13             (2)  Additional      community-based      integrated
14        residential  settings with appropriate community supports
15        in accordance with  an  individual  program  plan  or  an
16        individual treatment plan, or both.
17             (3)  Programs to train institutional discharge staff
18        treating   individuals   with   disabilities,   including
19        training on community-based alternatives.
20             (4)  A  process  to inform a person of all available
21        options for his or her care before that  person  makes  a
22        decision on his or her placement.
23             (5)  The   assistance,   before   placement,   of  a
24        specialist who will assist a person in  making  the  move
25        from an institution to a community setting.
26             (6)  Outreach  activities  to  identify  persons  in
27        institutions  who  may wish to move. The Department shall
28        establish   the   qualifications    for    persons    and
29        organizations    that    perform    the    outreach   for
30        community-based organizations funded through the Program.
31        With  respect  to  a  resident  of  an  institution,  the
32        resident's guardian  of  the  person,  if  any,  must  be
33        afforded the opportunity to be involved with the outreach
 
                            -5-      LRB093 08563 DRJ 08789 b
 1        process and the resident.

 2        Section 35.  Provision of services. In accordance with an
 3    individual  program  plan or an individual treatment plan, or
 4    both, based on a comprehensive evaluation, individuals with a
 5    mental or substance use disorder, or a co-occurring  disorder
 6    of  mental  illness  and substance abuse, may be provided the
 7    services described in the Sections following this Section.

 8        Section 40.  Comprehensive evaluation and  diagnosis.  An
 9    individual  with  a  mental  or  substance use disorder, or a
10    co-occurring disorder of mental illness and substance  abuse,
11    who  is  applying  for  services  is  entitled  to  receive a
12    comprehensive   evaluation   and   diagnosis   including   an
13    assessment  of   skills,   abilities,   and   potential   for
14    residential and work placement, adapted to his or her primary
15    language, cultural background, and ethnic origin.

16        Section  45.  Individual  program  or  treatment plan. An
17    individual with a mental or  substance  use  disorder,  or  a
18    co-occurring  disorder of mental illness and substance abuse,
19    is entitled to receive services in accordance with a  current
20    individual  program  plan or an individual treatment plan, or
21    both. An  individual  with  a  disability  who  is  receiving
22    services  shall  be  provided  with periodic reevaluation and
23    review of the individual program plan or individual treatment
24    plan, or both, in order to measure  progress,  to  modify  or
25    change  objectives, if necessary, and to provide guidance and
26    remediation techniques. An individual with a  disability  and
27    his  or her representatives have the right (i) to participate
28    in the planning and  decision-making  process  regarding  the
29    individual's program plan and (ii) to be informed in writing,
30    or in that individual's mode of communication, of progress at
31    reasonable  time intervals. Each individual must be given the
 
                            -6-      LRB093 08563 DRJ 08789 b
 1    opportunity to make decisions and exercise options  regarding
 2    the plan, consistent with the individual's capabilities.

 3        Section  50.  Nondiscriminatory  access  to  services. An
 4    individual with a mental or  substance  use  disorder,  or  a
 5    co-occurring  disorder of mental illness and substance abuse,
 6    may not be denied  program  services  because  of  age,  sex,
 7    ethnic  origin,  marital  status, ability to pay (except when
 8    contrary to law), record, degree of disability, or illness.

 9        Section 55.  Family or individual support. An  individual
10    with  a  mental  or substance use disorder, or a co-occurring
11    disorder of mental  illness  and  substance  abuse,  must  be
12    provided  family or individual support services, or both, and
13    services in accordance with a current individual program plan
14    or  an  individual  treatment  plan,  or  both,  to   prevent
15    unnecessary  out-of-home  placement and to foster independent
16    living skills.

17        Section 60.  Residential choices. An  individual  with  a
18    mental  or substance use disorder, or a co-occurring disorder
19    of  mental  illness  and  substance   abuse,   who   requires
20    residential  placement  in  a supervised or supported setting
21    must  be  provided  a  choice  among  available,   clinically
22    appropriate,  residential  options.  The  placement  must  be
23    offered in the most integrated community setting possible.

24        Section  65.  Vocational  training.  An individual with a
25    mental or substance use disorder, or a co-occurring  disorder
26    of  mental illness and substance abuse, must be provided with
27    vocational training, when appropriate, in accordance  with  a
28    current  individual  program  plan or an individual treatment
29    plan,  or  both,  that  contributes   to   the   individual's
30    independence  and  employment  potential.  This training must
 
                            -7-      LRB093 08563 DRJ 08789 b
 1    include strategies and activities in programs  that  lead  to
 2    employment and reemployment.

 3        Section  70.  Employment.  An individual with a mental or
 4    substance use disorder, or a co-occurring disorder of  mental
 5    illness  and  substance  abuse,  has the right to be employed
 6    free from discrimination, pursuant to  the  Constitution  and
 7    laws of this State and the United States.

 8        Section  75.  Case  coordination  services. An individual
 9    with a mental or substance use disorder,  or  a  co-occurring
10    disorder  of  mental  illness  and  substance  abuse, must be
11    provided with case coordination services, as appropriate,  in
12    accordance  with  a  current  individual  program  plan or an
13    individual treatment plan, or both.

14        Section 80.  Due process; judicial review.
15        (a)  An  individual  with  a  mental  or  substance   use
16    disorder,  or  a  co-occurring disorder of mental illness and
17    substance abuse,  retains  the  rights  of  citizenship.  Any
18    individual  aggrieved  by a decision of a department of State
19    government regarding services provided under this Act must be
20    given an opportunity to present complaints at  a  due-process
21    hearing  before  a  hearing officer designated by the head of
22    that department.
23        (b)  Any individual aggrieved by a  final  administrative
24    decision  rendered following the due-process hearing may seek
25    judicial  review   of   that   decision   pursuant   to   the
26    Administrative Review Law. The term "administrative decision"
27    is  defined  as  in  Section  3-101  of  the  Code  of  Civil
28    Procedure.  Reasonable  attorney's  fees  and  costs  may  be
29    awarded   to   the   successful   plaintiff   in  any  formal
30    administrative or judicial action under this program.
31        (c)  The right to a hearing  under  this  Section  is  in
 
                            -8-      LRB093 08563 DRJ 08789 b
 1    addition  to  any other rights under federal, State, or local
 2    laws.

 3        Section   85.  Transitional   living   assistance.    The
 4    Department  of Human Services shall lead a coordinated effort
 5    with the Department of  Commerce  and  Community  Affairs  to
 6    further  develop  housing  assistance programs to promote the
 7    ability  of  individuals  with  a  mental  or  substance  use
 8    disorder, or a co-occurring disorder of  mental  illness  and
 9    substance  abuse,  to  move  from  institutions  to  the most
10    integrated  community  residence.  The   housing   assistance
11    program  shall  address  eligibility criteria, the period for
12    which a person may receive assistance, the types  of  housing
13    expenses  to  be  covered, and the locations of the programs.
14    The Department of Human Services shall administer the program
15    and may seek the advice of the  Department  of  Commerce  and
16    Community Affairs for this purpose.

17        Section  99.  Effective  date. This Act takes effect upon
18    becoming law.